The UK s Whiplash Epidemic

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1 The UK s Whiplash Epidemic The International Insurance Forum Motor Insurance: The Road Towards Profitability James Dalton, Director of General Insurance Policy Association of British Insurers 19 th April 2016

2 Overview The UK s whiplash epidemic Overview of the UK s motor insurance market The nature and scale of the whiplash epidemic The reform agenda so far Legislative reform MedCo Claims Management Companies Insurance Fraud Taskforce Further change ahead Question and discusssion

3 Overview of the UK motor market The industry insures 24.7 million private vehicles and 3.8 million commercial vehicles on UK roads Average UK motor premium was 403 in 2015 In 2014, for every 1 in premiums received by motor insurers, they paid out just over 1 in claims and expenses Underwriting loss of 31 million in improvement on 2013 but still 20 consecutive years of underwriting loss

4 Underwriting Result ( m) Underwriting Results ( m) (500) (1.000) (1.500) (2.000)

5 Motor Claims Overview % of number of claims by claim type (2015 Q4) % of claim costs by claim type (2015 Q4) THEFT CLAIMS 1% REPLACEMENT VEHICLE 8% OTHER CLAIMS 1% BODILY INJURY 10% THEFT CLAIMS 3% REPLACEMENT WINDSCREEN ONLY 1% VEHICLE 5% OTHER CLAIMS 1% WINDSCREEN ONLY 25% PROPERTY DAMAGE 23% ACCIDENTAL DAMAGE 23% BODILY INJURY 45% PROPERTY DAMAGE 22% ACCIDENTAL DAMAGE 32%

6 Average premium

7 Market overview Premium tracker ABI Motor Premium Tracker Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr Average private comprehensive motor insurance premium for full licence holders The average premium in Q was 430, 3% lower than in Q but an increase of 7% on the quarter before Since reforms to the civil justice system were introduced at the start of 2013, over 1.1 billion of savings have been passed on to motorists in the form of lower premiums

8 Whiplash: Overview Insurers receive a claim for whiplash on average every minute of every hour of every day In the 12 months ending March 2015, 762,325 people claimed to have suffered a whiplash, neck, back or other type of injury resulting from a motor accident Over 2 billion a year in claims costs, representing a fifth of the average premium

9 Whiplash: International comparisons

10 Whiplash: The problems

11 Whiplash: The Problems Dysfunctional system compensation culture o Claims Management Companies (CMCs) o Financial incentives in the system for all players to bring claims o Referral fees No objective test for whiplash o o o Self-reported with no physical evidence of injury Medical reports produced on an industrial scale Financial links between personal injury lawyers and those producing the medical report (although action has been taken to address this) The high cost and number of claims ultimately leads to upward pressure on motor insurance premiums

12 Claims Frequency Number of road traffic accidents involving bodily injury and the number of bodily injury claims settled, Ban on referral fees lifted Number of bodily injury claims settled Number of RTAs involving bodily injury

13 RTA claims in the Claims Portal

14 Bodily Injury Map

15 The reform agenda so far Introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012: o Referral fees o Removing of the recoverability of ATE premiums and CFAs Extension of the limit in the Claims Portal to 25k Reduction of fixed recoverable cost in the Portal from 1200 to 500

16 The reform agenda so far Following these reforms, a number of other reforms have been brought forward in the past 12 to 18 months: Introduction of fixed fees for medical reports obtained in RTA claims for low value soft tissue injuries Introduction of MedCo to randomly allocate medical experts (who are not financially linked to the instructing party) providing medical reports for low value soft tissue injuries following an RTA Accreditation of all experts providing medical reports in RTA low value soft tissue injury claims Requirement to carry out a CUE PI check from 1 June 2015 Criminal Justice and Courts Act 2015: introduced stronger measures for tackling fraud through the courts banned solicitors from making inducements to claim

17 Quality of medico-legal reports and financial links between claimant lawyers and Medical Reporting Organisations (MROs)/doctors identified as two key issues MedCo established to both randomly allocate MROs or medical experts for the production of medico-legal reports in support of whiplash claims and has responsibility for the accreditation of all medical experts MedCo went live on 6 th April 2015 Board made up of representatives from claimant, medical and defendant communities with an independent Chairperson Accreditation of all medical experts is due to be completed by 1 June 2016 User currently given an offer of one Tier 1 MRO and six Tier 2 MROs. This will change by the end of Summer 2016 to an offer of two Tier 1 MROs and ten Tier 2 MROs

18 Claims Management Companies

19 Review of Claims Management Companies Independent Review of the regulation of Claims Management Companies (CMCs) announced in the Budget in July last year by the Chancellor of Exchequer Review led by Carol Brady, NED of the Claims Management Regulation Unit and Chair of the Trading Standards Institute Final report published alongside the March 2016 Budget the Government accepted all recommendations in full, including: o o o o More prescriptive conduct rules, underpinned by personal accountability for CMC managers through a fit and proper person regime Compulsory re-authorisation for all CMCs Transparency on fee structures/financial links, alongside mandatory signposting to free alternatives Tougher enforcement regime and power to raid offices and seize documents without notice Regulation to be transferred to the Financial Conduct Authority (FCA) from 2018 a step change in how CMCs are regulated In addition, the Government has consulted on CMC fees the ABI has argued that the proposed cap on fees for simple financial claims should be extended to all CMC activity

20 Detected motor insurance fraud Insurance Fraud In 2014, insurers detected 130,000 fraudulent claims with a value of 1.32 billion Motor is the most common type of claims fraud by both volume (67,000 up 12%) and value ( 835 million up 3%) The value of organised crash for cash fraud decreased from 392 million in 2012 to 336 million in 2015 The volume of motor application fraud increased by 18% to 212,000 in 2014 Insurance Fraud Taskforce Government established the Taskforce in January 2015 to recommend how to make the UK more resilient to insurance fraud and protect honest policyholders The final report (January 2016) made recommendations for government, industry, regulators and others to tackle a wide spectrum of fraud including drivers of policyholder attitudes and behaviours, data sharing and measures to combat personal injury fraud Government is establishing a legacy body to provide oversight of the implementation of the recommendations and ensure ongoing constructive dialogue between interested sectors

21 Insurance Fraud industry response Insurance Fraud Bureau Since it was established in 2006, IFB has assisted police with over 1100 arrests that have resulted in sentences of around 350 years imprisonment IFB is currently implementing its 5 year strategy that will see it: o Expand product lines under management to include liability and household (as well as motor) o Establish itself as the centralised hub for intelligence sharing in the insurance sector Insurance Fraud Register The IFR is a database of proven fraudsters across all product lines that can be accessed at all stages of the product lifecycle. 42% of the general insurance market are now active members of the IFR and a further 125 organisations have formally registered their interest in participating Insurers report regular matches and have identified significant numbers of potential risks for further investigation and action Insurance Fraud Enforcement Department IFED is a bespoke police unit within the City of London Police dealing solely with insurance fraud and is funded by the insurance industry Since inception (Jan 2012), IFED has dealt with over 1400 suspects, secured around 120 years of custodial sentences and confiscated assets valued at 1.4 million

22

23 The reforms Autumn Statement reforms The government will bring forward measures to reduce the excessive costs arising from unnecessary whiplash claims, and expects average savings of 40 to 50 per motor insurance policy to be passed on to consumers, including by: (1) Removing the right to general damages for minor soft tissue injuries; and (2) Removing legal costs by transferring personal injury claims of up to 5000 to the small claims court. Rt Hon George Osborne, Chancellor of the Exchequer 25 November 2015 Next steps Government due to consult on detail of the proposals in the Spring 2016 Legislative provisions due to be implemented by Spring 2017

24 Autumn Statement reforms Key issues to be determined: Definitions Transitional provisions: Date of accident Date of claims notification Introduction of thresholds: Prognosis period Claim value Points based system Where will claims activity move to? Psychological injury Rehabilitation Special damages Litigants in person Impact on current industry practice Claims Portal MedCo

25 Summary Focus from Government, regulators and consumers on the cost of motor insurance and the drivers behind it Low value bodily injury claims, particularly whiplash, are the biggest cost motor insurers face UK s dysfunctional compensation culture is a key driver of the number of whiplash claims A number of reforms have been implemented which have proven to be ineffective at reducing claims volumes Government proposed to take decisive action to tackle the problem once and for all and help reduce car insurance premiums for consumers

26 Questions Contact details: James Dalton Director of General Insurance Policy

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